THETA TEA COMPANY LIMITED & ALBERT W. WANJALA V. FLORENCE NJAU NJAMBI

JUDGMENT OF THE COURT

In her plaint dated 30th June, 1994 and lodged in Kitale High Court on 1st July, 1994, Florence Njambi Njau, the respondent herein, had alleged that she was the widow of the late Francis Njau Kaburi who was killed in a road traffic accident on 26th February, 1994, and she claimed, among other things, damages in respect of loss of dependency for herself and her nine children. According to that plaint, the respondent's deceased husband was, prior to his demise, a businessman aged forty years and that he earned a monthly income of Ksh.10,000/= from his business. It is this aspect of the matter we are concerned with in this appeal, the respondent having conceded grounds one and five of the grounds of appeal. Those two grounds dealt respectively with the awards by the learned trial Judge (Nambuye J.) of special damages which were neither pleaded nor proved, and damages under the Law Reform Act. The respondent conceded that she had not obtained a grant of letters of adm…